Father sentenced to probation for accidentally shooting son

SOMERSET COUNTY — Robert William Duda, 44, formerly of Somerset, was so distraught that he was almost unable to speak at his sentencing Tuesday for involuntary manslaughter in the death of his son.

Then he softly apologized to the court.

Duda accidentally shot his 14-year-old son, Bryan Duda, at their home along David Lane in Somerset on Sept. 15, 2011. His son died later that day.

The father, who now resides in Uniontown, was sentenced by President Judge John M. Cascio to five years’ probation, 100 hours of community service and a $500 fine.

Cascio said it was obvious from the preparation for the plea arrangement and the presentence report that the shooting was accidental.

“Accident or no you are still responsible as to what happened here,” Cascio said. “It is a tragedy that nobody should have to face.”

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The sentence, although outside the sentencing guidelines, is appropriate, the judge, defense and prosecution agreed.

“A period of supervision is appropriate for what got you here,” Cascio said.

According to court documents, Duda was cleaning a .380-caliber handgun at a computer desk in his living room on Sept. 15, 2011. Bryan Duda and his father were joking around. The father pointed the firearm, which he thought was unloaded, in the direction of his son, who was lying on the couch. The firearm discharged. A bullet went into the boy’s right side below his armpit.

Duda and the boy’s mother rushed their son to Somerset Hospital, where he died a short time later. At least four other people, including a 4-month-old child, were in the home when the shooting occurred.

“His sentence appreciates the seriousness of the offense,” said defense attorney Brian Salisbury of Uniontown. “It has been a long year for Mr. Duda and his family. We are hoping this is a start that allows them to move forward. Sadly, the healing probably is never going to end.”

“It is just a tragic accident,” District Attorney Lisa Lazzari-Strasiser said. “The world has forever changed for him and his family.”

There was confusion at the hearing about Duda’s gun permit. When the judge asked Duda if he had a gun permit, he responded that he had shredded it long ago.

When a person is convicted of certain offenses, including involuntary manslaughter, the law requires that person turn in the permit to the sheriff’s office for revocation. After some discussion after the sentencing, Duda gave Sheriff John Mankey the data he needed to complete the process.

“This case really raises the issue of firearm safety. If you are going to have firearms in your home, the level of care is off the charts,” Lazzari-Strasiser said.